Trying to get his client's sexual assault charges wiped away, Scott Paxson's attorney requested and was granted a review of the March 9 hearing that originally sent the case to trial.

The defense's request allows another meeting for former Penn State football player and current student Paxson to plead his case to the court before facing a jury. His trial is scheduled for this summer, when he will face sexual assault charges stemming from an incident that allegedly occurred at his apartment in December 2004 -- an incident Paxson says was consensual.

Now, two things could happen: Come April 20, Paxson might again be sent to trial, or there is a possibility that his charges will be tossed out.

Paxson is charged with sexual assault, indecent assault and aggravated indecent assault for allegedly finger-penetrating the victim and having sex with her without her consent.

Joe Amendola, Paxson's attorney, said a "lack of evidence" and conflicting testimony presented in the March 9 preliminary hearing are reason enough to dismiss Paxson's charges.

During testimony, the victim told the court that although she didn't tell Paxson "no" before and during intercourse, she thought her body language was an indicator of her unwillingness to have sex with him. She also said she did not yell out for help even though Paxson's roommate and the roommate's girlfriend were in the apartment.

According to court documents, the victim "attempted to push herself away from" Paxson, who "held the victim down by her shoulder" during the alleged assault.

The court documents indicate that Paxson removed the victim's clothes, forced finger penetration on her, picked her up and refused to let her leave his apartment.

Paxson's new hearing will take place April 20 at the Centre County Courthouse in Bellefonte.

Getting a review is nothing special, Amendola said. In the court system, if you ask for a review, you get one.

At the original hearing, the alleged victim testified, along with a nurse at Mount Nittany Medical Center who examined the woman on Dec. 15, 2004, the night the alleged assault took place.

There won't be any testimony at the review, Amendola said. Centre County Judge Bradley Lunsford will instead review the transcript from the last hearing and listen to argument from both counsels before making a decision.